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(영문) 대전고등법원(청주) 2016.02.02 2015나10647
소유권확인
Text

1. Upon a claim for a change in exchange at the trial, the defendant shall register the plaintiff with the land specified in attached Table 1.

Reasons

1. The reasons why the court should explain this part of the facts are as follows: (a) the following is added to the third page No. 6 of the judgment of the first instance; and (b) the [based grounds for recognition] is the same as the corresponding part of the judgment of the first instance, except for adding “each description of evidence No. 9 through No. 14 (including a serial number)” to the column. Therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

1. As to the forests and fields of this case, five tombs for Plaintiff Shipbuilding’s grave (hereinafter “each grave of this case”).

(f) Q is used as dry field from around 1973 to around 2011, as part of the instant forest land.

) Under the consent of the Plaintiff, dry field was cultivated among the forest of this case, subject to the management of each grave of this case, and thereafter, the Plaintiff managed each grave of this case and cultivated the said dry field.

2. The reasoning for the court’s explanation on this part is as follows, and the corresponding part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance except for the dismissal as set forth below. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

According to Article 45 subparagraph 2 of the former Rules of Land Conservation (No. 113 of the Ministry of Government Administration and Home Affairs of April 25, 1914), which applies mutatis mutandis pursuant to the former Rules of Land Conservation (No. 113 of the Ministry of Land Planning and Fisheries of August 2, 1920), the transfer of ownership to land shall not be registered on the land cadastre unless the public official's notice is given. However, the same shall not apply where the ownership is transferred due to the non-refluence, exchange, transfer, or expropriation of unregistered land, or where unregistered land is owned by a state. Therefore, a person who was registered as a transferee of ownership under the former Rules of Land Conservation and Family shall, in principle, be presumed to have completed the registration of ownership transfer of the forest concerned, but such former owner shall be presumed

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